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Re an exhumation

Birmingham Consistory Court: Cardinal Ch, June 2007 Exhumation – exceptional circumstances

Published online by Cambridge University Press:  03 December 2007

Justin Gau
Affiliation:
Barrister, Deputy Chancellor of the Diocese of Lincoln
Ruth Arlow
Affiliation:
Barrister, Deputy Chancellor of the Diocese of Chichester
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Abstract

Type
Case Notes
Copyright
Copyright © Ecclesiastical Law Society 2008

The deceased had been brutally murdered 23 years previously by an unknown person with sexual motives. The deceased's ashes had been buried at some distance from the family home in order to ensure a private burial and to avoid unwelcome and invasive publicity. The chancellor granted a faculty for the exhumation of the deceased's ashes and for their reinterment in a cemetery closer to the family. The chancellor found that exceptional circumstances existed in this case, the family having come to realise that they had made an error in burying the deceased's remains so far away. [RA]